Eduardo Felix v. Frank Bisignano, Commissioner of Social Security

Summary

The United States District Court for the Eastern District of California declines to adopt the magistrate judge’s findings and recommendations, grants Eduardo Felix’s appeal, and remands his Social Security disability action for further proceedings under sentence four of 42 U.S.C. § 405(g). The court concludes that the ALJ failed to provide legally sufficient reasons for discounting Felix’s subjective symptom testimony and the opinion of his treating licensed clinical social worker. The court also addresses additional evidence submitted to the Appeals Council.

Holdings

1. The ALJ failed to provide legally sufficient clear and convincing reasons for rejecting Plaintiff's subjective statements concerning the severity of his symptoms.
2. The ALJ failed to provide germane reasons for assigning little weight to the opinion of Marian Carapezza, an LCSW.
3. Because the Appeals Council stated that it had looked at, but did not exhibit or formally consider, the additional evidence, the district court could not consider that evidence in reviewing the ALJ's decision.

Questions Presented

1. Whether the ALJ provided legally sufficient clear and convincing reasons supported by substantial evidence for rejecting Plaintiff's subjective symptom testimony.
2. Whether the ALJ provided germane reasons for assigning little weight to the opinion of Marian Carapezza, a licensed clinical social worker.
3. Whether the Appeals Council's treatment of Plaintiff's additional evidence required the district court to include that evidence in reviewing the Commissioner's decision.

Disposition

reversed_and_remanded